ASHUTOSH ASHOK PARASRAMPURIYA Vs. GHARRKUL INDUSTRIES PVT LTD

JUDGEMENT

(1.) Rule. The rule is made returnable forthwith. Heard finally with consent of learned Counsel for the parties. Both these criminal applications are filed by invoking provisions of Section 482 of Code of Criminal Procedure praying to quash and set aside Criminal Complaint No. 2500/2012 filed by respondent No. 1 pending in the Court of Chief Judicial Magistrate, Amravati and summons issued by the said Court in pursuance of the said complaint dated 7/8/2012 by holding that filing of such complaint and its continuance would be gross abuse of process of law and Court. Thus, both the criminal applications can be conveniently disposed of by common judgment.

(2.) The facts, which are necessary to know the controversy involved, can be briefly stated as under:

(3.) It is the further case of respondent No. 1 that on 18/8/2010 a letter was issued to the applicants demanding balance-sheet of the Company, which was supplied and accordingly accounts were confirmed by the applicants and on 21/6/2012, the applicants issued a letter admitting the outstanding balance of respondent No. 1 as on 31/3/2012 to the extent of Rs. 1,49,94,831/-. According to respondent No. 1, the applicants being Directors of their Company are responsible for conduct of its business and since they are involved in the business of their Company are responsible for the affairs of the Company. It is the further case of respondent No. I that applicant Company issued a cheque dated 2/6/2012 in favour of respondent No. 1 towards part payment of the above said amount valued for Rs. 10,00,000/- drawn on State Bank of India, Finance Branch at Nagpur, which was deposited by respondent No. 1 in UCO Bank, Amravati for encashment. However, same was dishonoured due to "funds insufficient". The intimation of dishonour of cheque was received by respondent No. 1 on 4/6/2012. After dishonour of cheque, notice was issued to the applicants demanding the said amount of cheque, which was refused to be accepted by the applicants in spite of intimation given by the Postal Authorities and thus, the notice was returned with remark "not claimed".